DEPUTY COMMISSIONER OF INCOME TAX 1(3)(1), MUMBAI vs. SWEET MEMORIES PROPERTY PRIVATE LIMITED, MUMBAI

PDF · subscribers
ITA 6304/MUM/2017Status: DisposedITAT Mumbai23 December 2020AY 2009-103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the assessee's appeal as infructuous due to the assessee opting for the Vivad Se Vishvas Scheme. Consequently, the Revenue's appeal was also dismissed.

What were the facts?

The assessee sought an adjournment to opt for the Vivad Se Vishvas Scheme. The Tribunal rejected the adjournment application. The assessee's appeal was dismissed based on a High Court decision.

What were the issues?

Whether an adjournment should be granted for the assessee to opt for the Vivad Se Vishvas Scheme. The impact of the Vivad Se Vishvas Scheme on pending appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “G”, MUMBAI

Before: SHRI RAJESH KUMAR & SHRI AMARJIT SINGH

For Appellant: Shri Pratik Shinde, A.R
For Respondent: Shri T.S. Khalsa, D.R
Hearing: 14.12.2020Pronounced: 23.12.2020

O R D E R

Per Rajesh Kumar, Accountant Member:

1.

The above cross appeals have been preferred against the order dated 04.08.2017 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2009-10.

2 & ITA No.6204/M/2017 M/s. Sweet Memories Property Pvt. Ltd. 2. At the outset, the Ld. Counsel of the assessee submitted that the assessee is going in for Vivad Se Vishvas Scheme under the Direct Tax Act, 2020, therefore, the case may kindly be adjourned.

3.

Since the assessee is going for Vivad Se Vishvas Scheme, 2020 the adjournment application by the assessee is rejected. Besides, we are inclined to dismiss the appeal of the assessee in view of the decision of the Hon’ble Madras High Court Nannu Samy Mohan (HUF) vs. ACIT TCA No.372 of 2020 with the liberty to assessee to get this appeal recalled in case assessee does not succeed in VSVS 2020. Accordingly, the appeal of the assessee is dismissed.

4.

Since the assessee’s appeal is dismissed the appeal of the Revenue becomes infructuous and hence the same is dismissed.

5.

In the result, appeal of the assessee as well as of the Revenue is dismissed. Order pronounced in the open court on 23.12.2020.

Latest GST High Court judgments

Search GST case law →